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L'înformâtion et les sèrvices publyis pouor I'Île dé Jèrri

Planning and Building Law 2002: Fees for Appeals

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

  • demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision

  • providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made 9 January 2015:

Decision Reference:    MD- PE- 2015 - 0002

Decision Summary Title:

Fees for appeals against decisions and actions under the Planning and Building (Jersey) Law

Date of Decision Summary:

8 January 2015

Decision Summary Author:

Planning Performance Manager

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

Planning Performance Manager

Written Report

Title:

Fees for appeals against decisions and actions under the Planning and Building (Jersey) Law

Date of Written Report:

8 January 2015

Written Report Author:

Planning Performance Manager

Written Report :

Public or Exempt?

 

Public

Subject:  

Fees for appeals against decisions and actions under the Planning and Building (Jersey) Law

Decision(s):

The Minister approved and decided to lodge for consideration by the States Assembly a Report and Proposition setting out the proposed fees for bringing an appeal against a decision or action under the Planning and Building (Jersey) Law 2002 as amended by Amendment No.6 of that Law .

Reason(s) for Decision:

Article 112 (2)(c) of the Planning and Building (Jersey) Law as proposed to be amended allows the charging of a fee for bringing an appeal. The fees will contribute towards the costs of the appeal process.

Resource Implications:-

Appeals brought against decisions made or actions taken under the Planning and Building (Jersey) Law 2002 as proposed to be amended will be resourced from Central Contingency for 2015 and is included in the emerging Medium Term Financial Plan for 2016 and beyond. Part of securing the resources for 2015 included a proposed offset against fees to be charged to bring an appeal.

Action required:

The Greffier of the States be requested to arrange for the Report and Proposition to be lodged ‘au Greffe’ in order to be included in the same States’ debate as the R&P in connection with Planning and Building (Amendment of Law) (Jersey) Regulations 201- (MD – PE – 2015 – 0003).

Signature:

 

Deputy S Luce

Position:

Minister

 

Date Signed:

 

Date of Decision (If different from Date Signed):

 

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